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05/05/2003 - 00025217MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 5, 2003 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 8:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Wolfe, and Councilmember Bolkcom MEMBERS ABSENT: Councilmember Billings OTHERS PRESENT: William W. Burns, City Manager Scott Hickok, Community Development Director Frederic W. Knaak, City Attorney Jon Haukaas, Public Works Director APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES: City Council Meeting of Apri128, 2003. APPROVED. OLD BUSINESS: 1. FIRST READING OF AN ORDINANCE AMENDING FRIDLEY CITY CODE, CHAPTER 901, PENALTIES (TABLED APRIL 28, 2003). Dr. Burns stated that the maximum fine was $700. Minnesota Statutes allowed a maximum of $1,000. The ordinance would change the amount to the maximum fine authorized by State statutes. Staff recommended Council's approval. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 2. RESOLUTION NO. 21-2003 REVOKING MUNICIPAL STATE AID STREETS. Dr. Burns stated they discovered over-reporting of roadways eligible for state aid. This resolution removed the 2.19 miles of roadways that were over reported from the state aid FRIDLEY CITY COUNCIL MEETING OF MAY 5, 2003 PAGE 2 system. He said the City would see a 7.5 percent reduction in state aid funding. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 21-2003. 3. RESOLUTION NO. 22-2003 ESTABLISHING MUNICIPAL STATE AID STREETS. Dr. Burns stated staff also found .24 miles of streets that should have been included in the municipal state aid system but were not. This resolution included them in the system. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 22-2003. 4. CLAIMS. AUTHORIZED PAYMENT OF CLAIM NOS. 111244 THROUGH 111338. 4. LICENSES. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. 5. ESTIMATES. APPROVED THE FOLLOWING ESTIMATE: Frederic W. Knaak Knaak & Kantrud P.A. 3500 Willow Lake Blvd. Suite 800 St. Paul, MN 55110 Legal Services Rendered as City Attorney For the Month of April, 2003 ... ... ... ... ... ... ... ... ... ... ... ....$ 5,600.00 No persons in the audience spoke regarding the proposed consent agenda items. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Bolkcom to approve the proposed consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MAY 5, 2003 PAGE 3 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mr. John Lloyd, 1515 Mississippi Street N.E., said he wanted to talk about the alley by his house. He thought that when an ordinance was passed and there was feedback, Council should be notified. He referred to a letter dated September 9, 2002, signed by Mr. Jon Haukaas, Director of Public Works, thanking them for answering the survey for the proposed paving of the alley, and informing them that 13 of the 15 properties had returned the survey. Mr. Lloyd stated the petition to pave the alleyway was turned down. Council should have been informed because Council passed the ordinance. He went to Court and told the City Attorney what he planned to do and was told the City would not approve it. So a jury trial was scheduled. He said he had photographs of the alley. Mayor Lund asked about the elevations for the driveway. Mr. Haukaas, Public Works Director, replied there were a couple of issues. One was the paving of Mr. Lloyd's driveway as required by ordinance. The second was paving the alley. They would work with Mr. Lloyd to set some elevations. Councilmember Bolkcom said it was not different from any other street reconstruction project. Councilmember Wolfe said there was a unique grade. Mr. Haukaas replied the problem was that they could not give Mr. Lloyd a definite elevation on a project they have not designed. Councilmember Wolfe asked if they could show Mr. Lloyd where the City would put it. Mr. Haukaas replied they could give him an idea of where to put it. He did not feel they could guarantee anything. Mayor Lund asked what the City's policy would be if Mr. Lloyd did pave his driveway and it was ultimately affected by paving the alley. Mr. Haukaas replied they did not have a policy at this time. He thought they would be able to design around a paved driveway. FRIDLEY CITY COUNCIL MEETING OF MAY 5, 2003 PAGE 4 Councilmember Bolkcom stated they have had this paving driveway ordinance for over 5 years. They gave people ample opportunity. A letter was sent last year and they were given until December 31 to contact staff. Mr. Lloyd asked Council to look at the picture of his driveway. He asked if they would pay $3,000 to $4,000 to put a driveway in and have it ruined. He said he would put the driveway in if the City Council would do what he asked and give him some blue tops and give him the property line because the driveway had to attach to adjoining property. Councilmember Bolkcom asked Mr. Lloyd if he was doing this on his own. Mr. Lloyd said he was. Councilmember Wolfe said Mr. Lloyd was trying to save everyone headaches further down the line. He never said he would not put it in. All he has asked is where the alley would be. Mr. Haukaas stated they could give Mr. Lloyd some information as to where the alley might be and give him a proposed elevation. Mayor Lund asked Mr. Haukaas if it was typical to give blue tops? Mr. Haukaas said they had never done that. Councilmember Barnette asked how a contractor would know where the alley was going to be. Mr. Haukaas replied by having a survey of the property done, they would know where the edge of the driveway was, Typically, it would be put in at a minimal slope out of the garage so it would drain away from the house and garage. Councilmember Barnette asked about Mr. Lloyd's court date. Mr. Knaak, City Attorney, replied it was his understanding that Mr. Lloyd was not going to build anything until the City paved the alley. He said if Mr. Lloyd was will to commit to paving the driveway it can be cleared. Mayor Lund asked Mr. Haukaas how much of a job it was for staff to be designating blue tops. Mr. Haukaas replied it should not take very much time. It sounded like they had the basic information. It would take a dry day. Mayor Lund asked Mr. Lloyd how much time was reasonable for him to get the driveway in, once the blue top was established. Mr. Lloyd said he should be able to have it completed within 60 days with no problem. Mayor Lund asked how many other driveways needed to be paved. FRIDLEY CITY COUNCIL MEETING OF MAY 5, 2003 PAGE 5 Mr. Hickok replied three others. He said the others would have their driveways in by June 15. Mr. Lloyd asked what he needed to do. Mr. Knaak replied they would go to Court and enter the agreement into the record. They would continue the case, and the charges would be dismissed on the condition that Mr. Lloyd comply with the agreement. NEW BUSINESS: 7. SPECIAL USE PERMIT REQUEST, SP #03-04, BY KURT BECKER, FOR A SECOND ACCESSORY STRUCTURE (STORAGE SHED/SHOP), GENERALLY LOCATED AT 124 GLEN CREEK ROAD (WARD 3). -and- 8. VARIANCE REQUEST, VAR #03-08, BY KURT BECKER, TO REDUCE THE FRONT YARD SETBACK ON A DOUBLE FRONTAGE LOT FROM 59 FEET TO 9 FEET TO ALLOW THE CONSTRUCTION OF AN ACCESSORY STRUCTURE, GENERALLY LOCATED AT 124 GLEN CREEK ROAD (WARD 3). Mr. Hickok, Community Development Director, stated he received a letter from the petitioner. The petitioner asked that both the special use permit and the variance requests be withdrawn and no further action be taken on those items. MOTION by Councilmember Bolkcom to receive the letter from Kurt Becker dated May 2, 2003. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to accept into the record the request of Mr. Becker to withdraw the Special Use Permit Request, SP #03-04 and Variance Request, VAR #03-08, for a second accessory structure (storage shed/shop), generally located at 124 Glen Creek Road N.E. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. INFORMAL STATUS REPORTS Dr. Burns stated a conference meeting has been scheduled for Monday, May 12, 2003, with some of the City commissions to discuss the council/commission survey. FRIDLEY CITY COUNCIL MEETING OF MAY 5, 2003 PAGE 6 Mayor Lund invited the audience to a benefit being held by the Fridley schools on May 13 called Stargazers at Fridley. MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MAY 5, 2003, CITY COUNCIL MEETING ADJOURNED AT 9:13 P.M. Respectfully submitted, Denise M. Letendre Scott Lund Recording Secretary Mayor